A utilização da arbitragem pela administração pública: contratação de câmaras arbitrais

Abstract

The purpose of this final paper is to analyze the use of arbitration by the Public Administration, with a focus on the criteria for choosing arbitration chambers. Arbitration is a widely accepted mechanism for resolving conflicts between public and private entities, especially after the enactment of Law 13.129/2015, which consolidated its legitimacy. With the growing application of the institute in administrative contracts, it becomes essential to understand the peculiarities in the hiring of the arbitration chamber by the public authority, ensuring compliance with the legal-administrative regime. Law 14.133/2021 brought innovations to public tenders and administrative contracts, including express provision for the use of arbitration. However, this law did not detail the procedure for choosing the arbitration chamber, which raises questions about the criteria to be observed to ensure transparency and isonomy in this process. Based on bibliographical research and theoretical analysis, the study discusses the legislative evolution, the procedural aspects of arbitration and the particularities of hiring arbitration chambers by the Public Administration, offering a critical and normative view of the subject.